NATO/ISAF UNCLASSIFIED REL GCTF
STANDARD OPERATING PROCEDURES
DETENTION OF NON-ISAF PERSONNEL
SOP 362
TABLE OF CONTENTS
Page
(a)
Topic
(b)
Paragraph
(c)
7
References
Introduction
Definitions
NATO Holding Facility/NATO Detention Facility
ISAF Detention Authority
Period Of Detention
Afghan National Security Forces (ANSF)
Legal Applications
Authority to Detain
Detention
Detention Authority
Powers of the Detention Authority
Authority for Continued Detention
Command Responsibility
Planned / Unplanned Detention Operations
Outline
Planned Detention
Unplanned Detention
Process of Detention
Flow chart of detention process
Reports and Returns
Records and Investigations
Release and Handover Procedures (Notification)
ICRC
12
13
14
15-16
17
17
18
19
20-21
9
9
9
9
9
9
10
10
Annex A
Immediate Actions at the Scene of Arrest
Documentation
Responsible ISAF Detention Authority
Reporting / Tracking
Use of Force
Search
Gender Considerations
Juveniles/Children
1
1a
1b
1c
1d
1e
1e(1)
1e(2)
1
2
2
2
2
2
2
2
3
3
3
4
4
4
5
5
6
7
7
1-2
3
3a
3b
3c
3d
4
5
6
7
8
9-11
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10
10
Rights of a Detainee
Questioning
1f
2-4
Appendix 1 to Annex A
11
Required Detainee R2
Appendix 2 to Annex A
12
13
14
RIGHTS OF A DETAINEE
Rights of a Detainee translated into PASHTO
Rights of a Detainee translated into DARI
Appendix 3 to Annex A
15
17
18
18
19
20
DETENTION RECORD AND REVIEW OF
CONTINUED DETENTION FORMS
Basic Information regarding Detainee
Details of Release
Application for Continued Detention
Detaining Authority Statement
COMISAF Review / Release / Handover
Appendix 4 to Annex A
Reports and Returns Regarding Detentions
Made By ANSF and CT Troops
1
2
3
4
5
1
Annex B
22
22
22
22
22
22
23
23
23
MOVEMENT AND TRANSFER
General
Documentation
Responsible ISAF Detention Authority
Reporting / Tracking
Provision of Guards / Escorts
Mode of Movement
Detainees Personal Effects
Restraints
1-2
3
4
5
6
7-9
10
11
Annex C
24
24
24
DETENTION PROCEDURE
Documentation
Medical Examination
Responsible ISAF Detention Authority
Reporting / Tracking
1
1a
2-3
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25
25
25
25
25
26
26
26
26
27
27
27
27
28
29
29
Chain of Command
ICRC
Rights of a Detainee
Immediate Action
Personal Correspondence
Fair Treatment
Segregation
Sustenance
Searching
Types of Search
Detention Facility Standards
Location of Detention Facilities
Written SOPs
Religious Practice
Health Considerations
Review Procedure
Death in Detention
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Appendix 1 to Annex C
31
31
31
33
33
33
33
36
37
37
37
38
MEDICAL SUPPORT TO DETAINEES
Introduction
General
Ethics
Questioning
In-Patients
Out-Patients
Minimum Standard for Provision of Medical
Treatment
Hygiene Standards
Record of Detainee Examination
Physical Health
Mental Health Screening
Health and Medical Record Proforma
1
2-3
4
5
5a
5b
6
7-9
10
11
Annex D
40
40
41
41
RELEASE / HANDOVER TO GOA / ANSF
Documentation
Responsible ISAF Detention Authority
Reporting / Tracking
Handover of Evidential Documentation to ANSF
1-2
3-4
5-9
10
Annex E
42
42
INVESTIGATIONS INTO ALLEGATIONS OF
ABUSE AGAINST DETAINEES
General
Documentation
1
2
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42
42
Responsible Authority
Reporting / Tracking
3-4
5
Annex F
43
43
43
43
INDEPENDENT INSPECTION REGIME
Documentation
Responsible Authority
Reporting / Tracking
ICRC
1-2
3
4
5
IV
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Headquarters
International Security Assistance Force
KABUL AFGHANISTAN
STANDARD OPERATING PROCEDURES
DETENTION OF NON-ISAF PERSONNEL
SOP 362
AUTHORIZED BY:
COS ISAF
ISSUING AUTHORITY:
CJ3
DRAFTED BY:
SO2 MP PLANS
LAST UPDATE:
31 Aug 2006
References:
A. SACEUR OPLAN 10302 Rev 1
B. AJP-2.5 Handling of Captured Personnel, Equipment and Documents
C. ROEIMPL Message 001, dated 2 May 2006
D. The Geneva Conventions of 1949 and 1st Additional Protocol 1977
E. European Convention on Human Rights (ECHR)
F. International Covenant on Civil and Political Rights (ICCPR)
G. Annex VV to COM JFC Brunssum OPLAN 30302 dated 10 Aug 2006
H. Unreferenced CFC-A letter dated 20 Aug 06 concerning Release Authority
for CJSOTF, ETT and Counter Terrorism Missions.
INTRODUCTION
1. Reference G is the current operational level guidance on detention issues.
This TACSOP gives further direction and guidance to commanders and staff
responsible for detention operations within Afghanistan. Commanders at all
levels are to ensure that detention operations are conducted in accordance
with applicable international law and human rights standards and that all
detainees are treated with respect and dignity at all times. The strategic
benefits of conducting detention operations in a humanitarian manner are
significant. Detention operations that fail to meet the high standards
mandated herein will inevitably have a detrimental impact on the ISAF
Mission. All ISAF Detention operations will be subject to internal and external
scrutiny.
2. The policy contained within this TACSOP applies to actions taken by ISAF
troops under the ISAF Mission. It does not apply to PW or to persons indicted
for war crimes (PIFWC) pursuant to the lawful exercise of authority by the
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International Criminal Court or other lawfully constituted tribunals. It does,
however, give direction to Regional Commands on the reporting of detainees
taken within their AOO by troops operating under the Counter-Terrorist
mandate (Reference H refers) or by ANSF operating jointly with ISAF.
DEFINITIONS
3.
The following definitions are used throughout this SOP.
a.
NATO Holding Facility / NATO Detention Facility. This term
refers to any facility used, designed or adapted to facilitate the
detention of individuals.
b.
ISAF Detention Authority. This is defined in the main body of
this SOP as a specified individual authorised to make detention
decisions. These individuals are listed in Para 6 below.
c.
Period of Detention. This is regarded as the period of
detention, not to exceed 96 hours, which starts on arrest (ie; the act by
which a non-ISAF person is deprived of his liberty by ISAF personnel)
until the moment a detainee is handed over to the ANSF or GOA
officials or is released by ISAF.
d.
ANSF. The abbreviation ANSF stands for Afghan National
Security Forces and includes, Afghan National Army (ANA), Afghan
National Police (ANP), Afghan Border Police, Afghan Highway Police,
Afghan Counter-Narcotics Police and any authorised Afghan national
or regional government agency involved with security or detention
facilities.
e.
Age / Date of Birth.
Consideration must be given to the fact
that in many areas, individuals may not know their age or date of birth.
For the purpose of this SOP, the following definitions are used:
(1) Adult.
over.
An adult is considered to be any person aged 18 or
(2) Juvenile.
of 15 up to 18.
(3)
A juvenile is considered to be between the age
Child A child is considered to be below the age of 15.
LEGAL APPLICATIONS
4.
Authority to Detain. The only grounds upon which a person may be
detained under current ISAF Rules of Engagement (ROE) are: if the detention
is necessary for ISAF force protection; for the self-defence of ISAF or its
personnel; for accomplishment of the ISAF mission.
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5.
Detention. If an arrest and/or detention is effected by ANSF with ISAF
support, then the individual is not considered to be an ISAF detained person
and the provisions of this TACSOP do not apply. An individual will not be
considered as an ISAF detained person until and unless ISAF assumes
control and places that individual into detention1. In all cases of detention HQ
ISAF is to be informed. The current policy for ISAF is that Detention is
permitted for a maximum of 96 hours after which time an individual is either to
be released or handed into the custody of the ANSF / GOA.
6.
Detention Authority. As soon as practicable after an detention has
taken place, the decision to continue to detain must be considered by an
appropriate authority. The ISAF Detention authority must be able to support
the grounds by a reasonable belief in facts. The requirement for detention
must be kept under continuous review. The following persons may act as an
ISAF Detention Authority to determine if the grounds set out in paragraph 4
are met:
a.
b.
c.
d.
e.
f.
g.
h.
i.
COMISAF2;
A Regional Commander (RC);
A National Contingent Commander;
The Theatre Task Force Commander;
A Battalion Commander;
A Provincial Reconstruction Team (PRT) Commander;
Base Commander;
An On-Scene Commander; and
Commander of the Theatre Detention Facility.
7.
The powers of the Detention Authority. A Detention Authority may
authorize detention for up to 96 hours following initial detention. Should the
Detention Authority believe that continued detention beyond 96 hours is
necessary then, prior to the expiration of the 96-hour period, the Detention
Authority shall refer the matter via the chain of command to HQ ISAF.
8.
Authority for Continued Detention. The authority to continue to detain
an individual beyond the 96-hour point is vested in COMISAF (or his
delegated subordinate3). A detainee may be held for more than 96 hours
where it is deemed necessary in order to effect his release or transfer in safe
circumstances. This exception is not authority for longer-term detentions but is
intended to meet exigencies such as that caused by local logistical conditions
e.g. difficulties involving poor communications, transport or weather conditions
or where the detainee is held in ISAF medical facilities and it would be
1
It is accepted that detention will take place under National guidelines. However, the standards
outlined within this SOP are to be considered the minimum necessary to meet international norms and
are to be applied.
2
COMISAF may delegate this authority in certain circumstances. The circumstances and the officers
to whom he may delegate detention authority are covered in SOP 001.
3
However, any person who is appointed by COMISAF to hold the position of acting COMISAF may
decide any question of continued detention the COMISAF is empowered to make. Such decisions shall
be considered to be properly and authoritatively made.
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medically imprudent to move him. Where this exigency applies, COMISAF
must be notified. Where, in the opinion of COMISAF (or his delegated
subordinate), continuation of detention is warranted, COMISAF (or his
delegated subordinate) may authorize continued detention.
COMMAND RESPONSIBILITY
9.
At all times, commanders are to comply with, and must ensure those
under their command comply with, international and domestic law. In
particular an ethos of humane treatment of all detained persons is to be
inculcated throughout the chain of command. Commanders are responsible
for the actions of their subordinates.
10.
Experience has shown that there are two key points in the process of
detention where abuse of prisoners could occur; at the time of detention and
during questioning. Commanders must ensure that, through training and the
introduction of proactive checks, abuses do not happen. Commanders should
maintain a separation of role and function of those responsible for detention
and those responsible for questioning / intelligence gathering.
11.
All violations of international or domestic law alleged to have been
committed by ISAF personnel are to be promptly reported through the chain of
command to HQ ISAF and onward to COM JFC B, thoroughly investigated
and appropriately dealt with. The assistance of investigative authorities will
invariably be required. In particular, commanders must seek legal advice
through the chain of command before deciding whether or not an investigation
is warranted or whether disciplinary action is appropriate. Unlawful orders are
not to be given and are not to be obeyed. ISAF personnel are not to give or
accept moneys or gifts from detained persons, or any person connected with
detained individuals.
PLANNED / UNPLANNED DETENTION OPERATIONS
12.
Outline. Whether conducted at the operational or tactical level,
detention operations require meticulous planning. Not only must the detention
be operationally and legally justified but it must also be appropriate in the
circumstances. It must be G3 led and, particularly when planned by HQ ISAF,
effects based. Where appropriate, and if practicable, the detainee should be
handed over as soon as possible to a member of the ANSF. Ideally, such a
handover will take place at the scene of the detention and must be fully
documented, with HQ ISAF and the ICRC being informed4. As a basic
minimum, the identity of the individual detained and the reason for initial
detention, together with the identity of the ANSF person accepting
responsibility for the detainee must be clear. When the identity of the
detained individual becomes clear the G2 chain must be alerted and all
relevant information passed to CJ2 HQ ISAF.
4
It is imperative that all TCN are aware of their residual national responsibilities to detainees.
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13.
Planned Detention. Within HQ ISAF a detention operation will
ordinarily be planned by an Ops led Multi Disciplinary Group (MDG). Such an
MDG must include reps from Legal, CJ1 and MP and should include CF2 and
JEB. It is paramount that before any planned detention operation is mounted
an agreed „end state‟ is clearly defined. This is particularly important if the aim
of the operation is to bring a criminal prosecution against the detained
individual5. Whilst planning for a pre-planned arrest operation can occur at
unit level, HQ Regional Command must be consulted regarding the operation.
14.
Unplanned Detention. When, in the course of their duties (but not as
part of a planned operation), members of the Force have cause to detain
individuals it will be necessary for commanders at all levels to „grip‟ the
situation quickly in order to ensure that immediate action is taken both to
inform the chain of command and protect the rights of the detainee.
PROCESS OF DETENTION
15.
This SOP will address all key actions to be taken from the point of
detention, movement to the place of detention, onward movement to the ISAF
Theatre Detention Facility (if established) or transfer to the GOA. At each
stage the detaining authority has the ability to transfer to GOA Authorities or
release a detainee. The „clock starts ticking‟ from either:
a.
The moment of arrest by ISAF personnel; or
b.
Handover to ISAF personnel or presentation at an ISAF
detention facility by non-ISAF personnel (whichever is the earlier).
16.
The flow chart below highlights the key stages of the detention process
and provides guidance on the minimum standards to be applied from point of
detention to release or handover to GOA officials.
5
If this is the aim then advice must be requested with regard to obtaining evidence that is admissible in
the courts of Afghanistan.
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IS ISAF DETENTION
WARRANTED?
(On-scene Comd)
See Annex A (Immediate Actions at
Scene of Detention)
YES
Move Detainee to Initial Detention
Facility
See Annex B (Movement and Transfer)
Inform ICRC
NO
RELEASE / HANDOVER
See Annex E (Release / Handover Procedures)
Inform ICRC
Residual national responsibility
1. DETAIN UP TO 96 HRS 2. COMPLETE following R2
a) Initiate Detention Record (Appx 1 to Annex A)
b) Issue Rights of Detainee (Appx 2 to Annex A)
c) Initiate Med Examination (Appx 1 to Annex C)
d) Inform ICRC and facilitate access to facility
e) Conduct Regular Reviews of Detention
See Annexes C&D (Detention Facility Procedures)
IS FURTHER DETENTION REQUIRED
BEYOND 96 HOURS?
YES
NO
RELEASE / HANDOVER TO GOA
AUTHORITY
1. ACTION
NO
1. SEEK AUTHORISATION1
COMISAF, DCOMISAF
2. EXTEND DETENTION
3. INFORM ICRC
a) Inform HQ ISAF
b) Inform ICRC
c) Medical Check (Appx 1 to Annex C)
d) Return personal belongings
e) Complete Detention Record
f) Detainees should be returned home / place
of detention if operationally practicable
See Annex D (Release / Handover)
1 The
detainee may be held for more than 96 hours only where it is deemed
necessary in order to effect his release or transfer in safe circumstances.
Figure 1: Flow Chart of Detention Process
REPORTS AND RETURNS
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17.
JOC HQ ISAF is to be informed of all individuals detained by ISAF
troops using the basic form within Appendix 1 to Annex A. All relevant
information is to be passed to HQ ISAF via the JOC at the earliest opportunity
of all cases of detention. A more comprehensive record of detention is to be
maintained using the format contained within Appendix 3 to Annex A.
RECORDS AND INVESTIGATIONS
18.
It is vital that accurate records are maintained of all instances of
detention, irrespective of duration. Such records must be maintained within
ISAF locations and provide clear guidance as to the circumstances
surrounding the detention of an individual, including the date and time of
detention and place of initial and subsequent detention. Details of routine
reviews of that detention are also to be included. On handover to ANSF /
GOA, details of all circumstances surrounding the detention are to be
available for transmission to the HN for use in subsequent legal proceedings.
TCN are advised to retain records in accordance with national guidelines.
Records relating to detentions made by CT forces operating within the ISAF
AOO and detentions made by ANSF personnel operating jointly with ISAF
troops must also be kept (see Annex A Appendix 4 for details).
RELEASE AND HANDOVER PROCEDURES (NOTIFICATION)
19.
It is imperative that detainees taken by ISAF troops are not handed
over to the GoA or released before the correct R2 is processed and forwarded
to HQ ISAF. Thereafter, HQ ISAF (through the CJOC MP desk) must be
consulted before any subsequent release or handover is conducted. There
are sound operational reasons for this approach and RC Commanders are to
ensure that these procedures are understood by subordinate commanders
and actioned.
ICRC
20.
National Responsibilities. When detainees have been taken Nations
have a responsibility to inform the ICRC as soon as practicable. The Nations
are also to inform the ICRC of any change in circumstances of detention such
as transfer, release or on handover to the ANSF. The ICRC is to be informed
of any instance resulting in the hospitalisation or death of a detainee. Any
facility used, constructed or adapted for use by any ISAF unit for the purpose
of detention must be available for inspection by ICRC.
21. COMISAF and Regional Commanders. COMISAF will initiate and
maintain a dialogue with the ICRC‟s Head of Mission in Afghanistan. Regional
Commanders are to initiate and maintain similar contacts with such regional
offices of the ICRC, which may be appropriate in the circumstances.
Annexes:
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A.
B.
C.
D.
E.
F.
Immediate Actions at the Scene of Arrest
Movement and Transfer
Initial Detention Procedure
Release / Handover to GOA / ANSF
Investigations into Allegations of Abuse Against Detainees
Independent Inspection Regime.
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Annex A to
ISAF SOP 362
Dated 31 Aug 2006
IMMEDIATE ACTIONS AT THE SCENE OF ARREST
1. Subordinate formations must note that the following principles will apply:
a.
Documentation.
Full details of the individual and the
circumstances surrounding detention are to be maintained in the detaining
officers‟ / soldier‟s notebook. The initial details to be recorded are
contained within Appendix 1 to this Annex (and will form the basis of the
initial report to HQ ISAF).
b.
Responsible ISAF Detention Authority.
The patrol commander is
considered to be the responsible authority and is able to effect a detention
or handover a detainee to GOA Authorities. If the reason for arrest no
longer exists, then the patrol commander may also release that individual.
The detainee is to be informed of his / her rights and given the opportunity
to make a statement regarding his or her detention. The appropriate
procedure is set out in Appendix 2 to this Annex1.
c.
Reporting / Tracking. The patrol commander is required to inform
his / her ops room of any person detained. This information must be retransmitted to the HQ of the RC as soon as possible. The ICRC is to be
informed of the detention as soon as practicable. HQ ISAF is to be
informed at the earliest opportunity using the form at Appendix 1 to this
Annex. All details of the actions taken, including release or handover, are
to be recorded using the format contained within Appendix 3 to this Annex,
which should be retained as an archive copy for subsequent production in
accordance with national guidelines.
d.
Use of Force. Minimum force may be used to effect a detention.
The use of handcuffs by ISAF personnel, who have been trained in their
use, is authorised. Detaining forces are authorised to use force to restrain
a violent detainee or to stop a detainee escaping. In the latter
circumstance, deadly force is not to be used unless necessary to prevent
an act which constitutes an immediate threat to life. Persons detained by
ISAF will be treated with respect and dignity and in compliance with
applicable international law and human rights law standards. No one shall
be subjected to torture or to inhuman or degrading treatment or
punishment including the use of stress positions such as prolonged
kneeling.
e.
Search. The detainee is to be searched for any articles of
evidential value or items, which may be used to inflict self-injury or injure
those effecting the arrest. Such items are to be removed. Property found
in a detained person's possession may be seized by ISAF personnel. In
all cases receipts are to be provided. Weapons or contraband found in a
1
The use of an Interpreter must be considered subject to literacy levels
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detained person‟s possession shall be retained for the period of detention.
Direction on the disposal of weapons and contraband, such as drugs, after
a period of detention will be issued by the chain of command.
(1). Gender Considerations. Female detainees are only to be
searched by female members of the force (unless there are
pressing operational reasons which makes this impracticable). In
any event the dignity of female persons shall be respected.
(2).
Juveniles / Children. The ages of children and juveniles
are defined within the main body of this SOP. Extreme care is to
be taken when searching juveniles and children and all searches
are to be witnessed by someone in the chain of command. Precise
details of all searches are to be recorded and retained.
f.
Rights of a Detainee. The detainee must be informed, in a
language that he or she understands, of the reasons for detention and
given an information sheet detailing his or her rights as a detainee (see
Appendix 2 to this Annex). Where this is not possible, then the detainee is
to be given this information at the earliest opportunity.
QUESTIONING
2.
Once the criteria for detention have been satisfied, then all future
questioning should only be conducted by specially trained and qualified
individuals. Subject to the proviso in the following paragraph, Tactical
Questioning may be conducted by trained and qualified individuals of a nation
other than the detaining nation. The intelligence value or the desirability of
questioning the detained person cannot be the grounds for continued detention.
However, where detention is justified, questioning can be directed towards
perceived threats and other issues of relevance. The information gained from
such questioning may have operational as well as tactical significance. It is
therefore important that its products are shared through the normal and accepted
ISAF intelligence procedures.
3.
Only ISAF personnel will conduct questioning (unless otherwise
authorized by COMISAF or his delegated subordinate). ISAF personnel will
always be in the presence of the detained person if someone other than ISAF
personnel is permitted to question the detained person.
4.
Evidential and intelligence questioning of detainees may raise issues of
admissibility and procedure in the event of subsequent criminal prosecution.
Technical issues of this nature should be raised with HQ ISAF LEGAD.
Appendices
1.
2.
3.
4.
Reports and Returns for HQ ISAF.
Rights of a Detainee.
Detention Record and Review of Continued Detention.
Reports and Returns regarding detentions made by ANSF and CT troops.
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Appendix 1 to
Annex A to
ISAF SOP 362
Dated 31 Aug 2006
REQUIRED DETAINEE R2
The details below are to be transmitted to HQ ISAF immediately following
detention. Greater detail is to be included in Appendix 3 to this Annex.
Detainee Number2:
DTG of Detention:
Place of Detention:
Reasons for Detention:
Name and Unit of Detaining Soldier / Officer:
Name and Unit of Officer Authorising Detention
Details of Detained Person
Given Name:
Fathers Name:
Grandfathers (Paternal) Name:
Gender:
Home of Record:
ICRC Informed? Yes/No
Religion:
Language:
Literate / Illiterate:
1
This is to be the Detainee Number generated in accordance with national policy. (It should include a
regional and national prefix for identification wihtin HQ ISAF)
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Appendix 2 to
Annex A to
ISAF SOP 362
Dated 31 Aug 2006
RIGHTS OF A DETAINEE
1. You have been detained by ISAF forces for the reason(s) set out below1:
a. ISAF Force protection.
b. Self Defence of ISAF or its personnel.
c. You are considered to be a threat to the ISAF Mission.
2. You will either be released by ISAF or transferred to Afghan National Security
Forces as soon as possible.
3. Do you understand that? Yes / No.2
4. You have the opportunity now to make a statement regarding your arrest /
detention if you so wish. This will be translated into English once completed3.
Name of detainee:
Signature of detainee:
Detainee Number:
Date:
Name of witness:
Signature of witness
Date:
1
An explanation of why one of these grounds applies must be given to the detainee.
Delete as required and record any response made.
3
The use of an Interpreter must be considered subject to literacy levels.
2
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‫‪NATO/ISAF UNCLASSIFIED REL GCTF‬‬
‫دالحقۍ ٗا د هکول٘ذّ دُّن سٌذ‬
‫د الف ضو٘وَ ٗا (ًــښلًَْ) ‪ -‬د آٗساف د هع٘ارٓ عول٘اتْ پرّس٘جر – شو٘رٍ ‪٢٦٣‬‬
‫ً٘ټَ‪ :‬د زهرٕ ‪ ٢٣‬د ‪ ٥٢٣١‬کال‬
‫دتوقيف شوي کس حقونو‬
‫‪ -٥‬تاسْ دآٗساف ځْاکًْْ لَ خْاپَ الًذٓ دل٘ل (دالٗلْ) ًْ٘ل شْئ ٗاست‪.‬‬
‫الف – دآٗساف دځْاکًْْ دخًْذٗتْب پَ دل٘ل‪.‬‬
‫ب – دآٗساف د خپل دفاع ٗا د آٗساف د پرسًْل دخًْذٗتْب پَ دل٘ل‪.‬‬
‫ج – تاسئ دآٗساف دهاهْرٗت لپارٍ ګْاښ ګڼل شْٕ ٗاست‪.‬‬
‫‪ – ٣‬تاسې بَ ٗا دآٗساف لَ خْا خْشٖ اّٗا بَ ډٗر ژرافغاى هلٔ اهٌ٘تٖ ځْاکًْْ تَ ّسپارل شٖ‪.‬‬
‫‪ – ٢‬آٗا تاسْ پَ دٓ خبرّپُْ٘ږئ؟‬
‫ُْ ‪ًَ /‬‬
‫‪ – ٤‬تا سئ د دې فرصت لرئ کَ چ٘رٓ غْاړئ چې دخپل ځاى د ًْ٘لْ ‪ٗ /‬ا تْق٘ف پَ اړٍ ٌّٗا ّکړٓ‪ .‬ستاسْ‬
‫دغَ ٌّٗا بَ لَ بشپړٗذّ ّرّستَ اًګرٗسٕ ژبې تَ ّژباړلَ شٖ‪.‬‬
‫دًْ٘ل شْٕ کس ًْم‪:‬‬
‫دًْ٘ل شْٕ کس شو٘رٍ‪:‬‬
‫دًْ٘ل شْٓ کس السل٘ک‪:‬‬
‫تارٗخ‪:‬‬
‫د شاُذ ًْم‪:‬‬
‫د شاُذ السل٘ک‪:‬‬
‫‪13‬‬
‫‪NATO/ISAF UNCLASSIFIED REL GCTF‬‬
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‫ً٘ټَ‪:‬‬
‫‪NATO/ISAF UNCLASSIFIED REL GCTF‬‬
‫ضميمو ‪٢‬‬
‫بو ضميمو الف‬
‫طرزالعمل استندرد عملياتى آيساف ‪٢٦٢‬‬
‫مؤرخ ‪ ٢٢‬اگست ‪٢٠٠٦‬‬
‫حقوق بازداشت شده‬
‫‪ .٥‬شوا تْسط قْت ُآ آٗساف بٌابر دالٗل رٗل بازداشت شذٍ اٗذ‪:‬‬
‫أ‪.‬‬
‫دل٘ل هحافظْٓ آٗساف‬
‫ب‪ .‬دفاع فردٓ قْت ُآ آٗساف ّ ٗا پرسًْل آٗساف‬
‫ت‪ .‬شوا تِذٗذٓ بَ هاهْرٗت آٗساف شوردٍ شذٍ اٗذ‪.‬‬
‫‪ .٣‬شوا تْسط آٗساف رُا ّ ٗا بسّدترٗي فرصت بَ ً٘رُّآ اهٌ٘تٔ افغاى تسل٘ن دادٍ خْاُ٘ذ‬
‫شذ‪.‬‬
‫‪ .٢‬آٗا فِو٘ذٍ شذ؟ بلٔ \ ًخ٘ر‬
‫‪ .٤‬حال اگر ه٘خْاُ٘ذ‪ّ ،‬قت ابراز ًظر خْٗش را در هْرد دستگ٘رٓ تاى دارٗذ‪ .‬ب٘اًَ٘ شوا بعذ‬
‫از اکوال‪ ،‬بَ زباى اًگل٘سٔ ترجوَ خْاُذ شذ‪.‬‬
‫اسن هظٌْى‪:‬‬
‫اهضاء‪:‬‬
‫ًوبر بازداشت شذٍ‪:‬‬
‫تارٗخ‪:‬‬
‫اسن شاُذ‪:‬‬
‫اهضاء‪:‬‬
‫‪Appendix 3 to‬‬
‫‪14‬‬
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‫تارٗخ‪:‬‬
NATO/ISAF UNCLASSIFIED REL GCTF
Annex A to
ISAF SOP 362
Dated 31 Aug 2006
DETENTION RECORD AND REVIEW(S) OF CONTINUED DETENTION
1.
Detainee Number3:
DTG of Detention:
Place of Detention:
Reasons for Detention:
Date / Time of handover of detainee within Detention Facility
Name and Unit of Detaining Soldier / Officer:
Name and Unit of Officer Authorising Detention
Details of Detained Person
Given Name:
Father’s Name:
Grandfather’s (Paternal) Name:
Nationality:
Gender:
Date of Birth:
Age:
Home of Record:
Religion:
Language:
Literate / Illiterate:
3
This is to be the Detainee Number generated in accordance with national policy. (It should include a
regional and national prefix for identification wihtin HQ ISAF)
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Physical Condition of Detainee Upon Detention4:
Details of Seized Property of Detainee:
Rights and Reasons for Detention Mentioned to Detainee: Y/N
ICRC Informed at (Date/Time Group):
Point of Contact with ICRC:
Signatures:
Name
Rank/Status
Signature
DETENTION
AUTHORITY5
4
5
To be certified by qualified medical staff
See paragraph 6 of Main Body for definitions of Detaining Authority
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2.
Release (if applicable).
DETAILS OF RELEASE / HANDOVER
Authorisation for Release
No
Rank
Name
Unit
Signature
Date
Released by:
No
Rank & Name
Location of
Release
Unit
Signature
Date
Physical Condition
of Detainee on
Release /
Handover6
Med Practitioner Signature Block
No
Rank
Name
Unit
Handed Over to (if applicable):
No
Rank & Name
Location of
Handover
Unit
Signature
Date
ICRC Informed at (Date/Time Group):
Point of Contact with ICRC:
6
To be certified by qualified medical staff
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APPLICATION FOR CONTINUED DETENTION
(Exceeding 96 hours)
(To COMISAF)
3.
Grounds for Further Detention. (Continue on separate sheet if
required.)
No
Rank
Name
4.
Unit
Signature
Date
Detaining Authority Statement
I certify that ______________________________ has been offered the
opportunity to make a submission against his/her continued detention and:
a.
He / She declined.*
b.
His / Her statement is attached.*7
No
Rank
Name
Unit
Signature
Date
* Delete as required
7
Due to possible literacy levels, this may have to be written by an Interpreter.
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COMISAF REVIEW
(To be conducted by COMISAF or DCOMISAF no later than 96 hrs
after initial detention)
5.
Reviewing Officer's direction.
The individual is to be detained / handed over to the Government of
Afghanistan Authorities / released**.
No
Rank
Name
Unit
Signature
Date
Authorization for Release.
Released by:
No
Rank & Name
Location of Release
Unit
Signature
Date
Physical Condition of
Detainee on Release
/ Handover8
Med Practitioner Signature Block
No
Rank
Name
Unit
Handed over to (if applicable):
No
Rank & Name
Location of
Handover
Unit
Signature
Date
ICRC Informed at (Date/Time Group):
Point of Contact with ICRC:
** Delete as required and include reasons.
8
To be certified by qualified medical staff
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Appendix 4 to
Annex A to
ISAF SOP 362
Dated 31 Aug 2006
REPORTS AND RETURNS REGARDING DETENTIONS
MADE BY ANSF AND CT TROOPS
Reference:
A.
Unreferenced CFC-A letter dated 20 Aug 06 concerning Release
Authority for CJSOTF, ETT and Counter Terrorism Missions.
1.
It is essential that COMISAF maintains full situational awareness of
events taking place within the ISAF AOO. To that end it is important that he
receives as much information as possible regarding detentions made by other
security forces operating within the ISAF battlespace.
2.
Counter-Terrorist Operations. Reference A states that in order to be
aware of the PAO/Pinfo aspects of CT missions CFC-A (until TOA Stage 4)
and thereafter US NCC has primary responsibility for informing HQ ISAF
(DCom Sy) of detainees taken under CT Ops in the ISAF AO. COMISAF also
requires that, when they are aware that such detentions have taken place, RC
HQs also pass this information (in the format shown below) to the HQ ISAF
CJOC (MP Desk).
3.
Joint Patrols with ANSF. Where ISAF troops conduct joint patrols with
ANSF forces and detentions are subsequently made by ANSF forces in the
presence of ISAF troops RCs are to pass this information (in the format shown
below) to the HQ ISAF CJOC (MP Desk).
The details below are to be transmitted to HQ ISAF as quickly as possible
following detention.
DTG of Detention: (Mandatory)
Place of Detention: (Mandatory)
Reasons for Detention: (Mandatory)
Name and Unit of Detaining Soldier / Officer: (Mandatory)
Name and Unit of Officer Authorising Detention (Mandatory)
(continued below)
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Details of Detained Person (Complete as much as possible)
Given Name:
Fathers Name:
Grandfathers (Paternal) Name:
Gender:
Home of Record:
Language Spoken:
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Annex B to
ISAF SOP 362
Dated 31 Aug 2006
MOVEMENT AND TRANSFER
GENERAL
1.
Transporting detainees is a potentially dangerous action. All necessary
precautions should be taken to protect the detainees, the escorting personnel
and the public.
2.
The procedures outlined within this Annex apply to all movements of
detainees whether they be from point of detention to a detention facility or
from a detention facility to the point of transfer or release. If released,
detainees must, wherever possible, be returned to their home. Where this is
not possible they should be returned to the location where they were first
detained. Detainees must not be left in remote locations to fend for
themselves.
DOCUMENTATION
3.
Full details of the individual and the circumstances surrounding the
detention are to be maintained and are to be transported with the detained
individual.
RESPONSIBLE ISAF DETENTION AUTHORITY
4.
At the scene of a detention, where no ANSF officials are present to
effect a handover, the patrol commander must consider the need for
continued detention and the requirement to transport the detainee to an ISAF
Facility. Any subsequent movement from the initial detention facility to an
ISAF detention facility may be on the authority of the appropriate commander.
REPORTING / TRACKING
5.
The patrol commander / base commander is required to inform the
appropriate chain of command of the need to move detainee(s) between
locations. As a matter of course, the RC will report this action to HQ ISAF by
routine SITREP. The RC is also to inform the ICRC of the movement of any
detainee as soon as is practicably possible.
PROVISION OF GUARDS AND ESCORTS
6.
As a general rule, the capturing unit / sub unit is required to provide the
guards and transport to move a detained person between locations. Where
this is not feasible, for example when a person is detained by an isolated ISAF
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organization then the RC or BG Comd may direct a unit to provide the same.
Where handover is being arranged with the GOA, then a member of ISAF will
accompany the detainee to the place of handover.
MODE OF MOVEMENT
7.
Wherever possible detained persons should be moved in a
vehicle/aircraft. Movement on foot should be a last resort and only conducted
over short distances.
8.
As far as possible ISAF personnel should seat the detained person in
the centre of the vehicle and away from exits/doors. In a standard vehicle, the
detainee should be seated on the rear seat between two guards.
9.
Where the transfer / movement of a detainee is conducted over a large
distance or prolonged period of time, then the guarding unit is to ensure that
regular breaks are taken, for the benefit of both the guards and detainee, and
that food and water is available.
DETAINEES PERSONAL EFFECTS
10.
The detained persons belongings, if being transported in the vehicle,
should be stowed in a place to which the detainee does not have access. The
necessary receipts for such effects are to be checked by staff responsible for
the handover / takeover of a detainee.
RESTRAINTS
11.
A detainee may be restrained by the use of plasticuffs or handcuffs
provided that they are fitted only by individuals trained in their use. In all
cases, the restraints should be fitted in such a way as to minimise the risk of
harm coming to the detainee or the escorts and should not restrict blood flow.
At no time should a detainee be secured to any part of a vehicle or any other
static object. In the case of the detainee being pregnant, physically
handicapped, or carrying injuries that would be aggravated by handcuffing
then restraints, whilst not prohibited, should only be applied when considered
operationally appropriate and unavoidable.
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Annex C to
ISAF SOP 362
Dated 31 Aug 2006
DETENTION PROCEDURE
DOCUMENTATION
1.
The Detention Record and Review of Continued Detention form is to be
used at the earliest opportunity in order to standardize the documentation for
detainee operations. This system may be in addition to any national
registration system. Photographs of detained persons will not be released to
the press, but may be provided to participating ISAF nations, Afghan
authorities and the International Committee of the Red Cross (ICRC).
a.
Medical Examination. As soon as practicable and in order to
avoid false allegations of mistreatment or abuse, medical personnel9
shall ensure that the detainee is medically examined to establish
fitness for detention. Any injuries discovered during the course of this
examination must be recorded (see Appendix 1). Following any
instance where force has been used on a detainee, he or she is to be
examined and records made of the physical condition of the detainee.
RESPONSIBLE ISAF DETENTION AUTHORITY
2.
A national contingent that initiates the detention has primary
responsibility for the proper treatment of the detained person. HQ ISAF, in coordination with HQ JFC Brunssum has supervisory responsibilities. Detention
Authorities may establish holding facilities or may use holding facilities
established by other commanders10. If the custodial nation transfers control of
the detained person to another nation, the relevant commanders will ensure
that the required detention standards are met and will jointly address any
operational concerns such as responsibility for guarding detained persons.
Where it is perceived that the required standards of detention are not met,
then HQ ISAF is to be informed immediately. This does not absolve the initial
detaining nation or HQ ISAF from their residual responsibilities after handover
to the GOA authorities.
3.
At unit level, the commander is responsible for the provision of a
suitable temporary detention facility. He or she is also empowered to initiate
the release of a detainee or handover to the appropriate GOA Authorities.
9
This includes all grades and levels of medical staff including doctors and units medics.
Notwithstanding this, every ISAF Base may potentially be required to act as temporary holding
facility pending decisions by higher authority and therefore must plan for such a contingency
10
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REPORTING / TRACKING
4.
Chain of Command. On receipt of a detainee within a unit location,
that unit must immediately inform the RC, who in turn will notify HQ ISAF by
routine means. In the event that such an individual is handed to ISAF by GOA
Officials / ANSF, then the RC must inform JOC HQ ISAF at the earliest
opportunity.
5.
ICRC. The names of all detained persons shall be carefully protected
but will be made available to the appropriate Afghan authorities and the ICRC.
The names of any individual will be provided to the ICRC, as soon as
practicable, following a detention authority's initial decision to detain11. This
release of information will specifically note any limitations on its further
dissemination.
RIGHTS OF A DETAINEE
6.
Immediate Action. On arrival at an ISAF holding facility, the detained
person will again be informed, in a manner they understand, of his / her rights
under international law. This must be supported by a written document, in his /
her native language. A note recording the date and time that these rights
were issued must be made by the detaining authority. All detainees must also
be informed of the rules and disciplinary procedures of the Detention
Facility12. A detained person will be informed of his or her right to file a
grievance with the detention authority in order to bring attention to any matters
concerning the reasons for detention, length of detention, conditions of
detention or treatment during detention13. The detained person shall be
informed that detention authorities will take such submissions into
consideration when making detention decisions. Necessary writing articles
and, if necessary, writing and translation assistance will be provided to the
detained persons as required in order to exercise this right. .
7.
Personal Correspondence. There shall be no restrictions on the
amount of correspondence a detained person may send to ISAF authorities. A
detained person must be permitted access to legal counsel or representative,
subject to operational security concerns. Unless inconsistent with operational
security, detained persons must also be allowed to notify family members of
their status as soon as practicable after delivery to an ISAF holding facility.
Detained persons may be allowed reasonable periodic visits by members of
their family consistent with operational exigencies and security requirements.
8.
Fair Treatment. Treatment of detained persons shall be without
distinction to race, religion, colour, sex, language, political affiliation or other
opinion, national or social origin. No detained person shall be subjected to
11
This remains the responsibility of the Detaining Authority. However, in all circumstances HQ ISAF
will additionally inform the Kabul office of the ICRC.
12
In accordance with UN Principle 30 (Gen Assembly 43/173 of 9 Dec 88).
13
Utilising Para 4 of Appendix 2 to Annex A.
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torture or to inhuman or degrading treatment or illegal punishment. Detained
persons will be protected against insults and will not be subjected to any form
of public curiosity and must not be photographed or filmed unless for official
purposes. Any instance of improper treatment is to be immediately reported
to COMISAF and the applicable military police authority. COMISAF or his
delegated subordinate shall confirm that an appropriate investigation has
been initiated.
9.
Segregation. Detained persons will be separated, if appropriate, based
upon clan membership, religious belief, age, gender or any other factor that
might pose a legitimate threat to their safety or welfare. Where applicable,
steps should be taken to ensure that family groups remain together. In cases
where a female is subject to detention, every effort will be made to ensure her
privacy in accordance with applicable religious and cultural practices to the
extent that is operationally feasible. Particular attention will be made with
respect to the gender of any individual who searches the female detained
person, to medical personnel who conduct any physical exam, and to guards.
The female detained person's personal privacy will be respected. Detained
persons who are or appear to be less than 18 years of age will be treated with
particular care. HQ ISAF and RC LEGADs will liaise with the Detention
Authority, with appropriate Afghan authorities and with relevant international
organizations to ensure the needs of the juveniles and children are met.
10.
Sustenance. Detained persons will receive shelter, food, water,
clothing and bedding sufficient to keep them in a good state of health. Diets
must be consistent with religious tenets, customs or traditions unless
operationally inappropriate. There must be adequate provision for personal
hygiene, sanitation and health. All reasonable efforts will be made to support a
detained person‟s ability to practice religious worship.
11.
Searching . The detainee is to be further searched on arrival at the
detention facility for any articles of evidential value and items that could be
used to inflict self–injury or injure those effecting the detention. Such items
are to be removed. Receipts for all seized property are to be provided.
Female detainees are only to be searched by female members of the force,
unless there are pressing operational reasons which makes this impracticable.
In this event it may be acceptable to ask to look into bags carried and ask the
female to open any outer garment. In any event the dignity of females shall
be respected. During a search due respect must be accorded to any items of
religious significance.
12.
Types of Search . In most cases a „rub down‟ search will be sufficient.
However, a „strip‟ type search should only be carried out in exceptional
circumstances. Strip searches should be carried out by personnel of the
same sex as the detained person. Intrusive searches will only be conducted
by qualified personnel. All searching should be carried out with dignity and
respect.
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DETENTION FACILITY STANDARDS
13.
Location of Detention Facilities. The place of detention shall be located
away from dangerous or unhealthy areas. Appropriate safety and health
related equipment shall be provided to the detained person as necessary.
The pressure for real estate may require that an office or store is used as a
temporary detention facility. In this event, the room must be able to be
secured, and will not have anything within it which can be used or adapted as
a weapon or used for self-harm of a detainee. Where this is not possible, then
the detainee must remain supervised at all times. Specialist guidance on
custodial facilities may be gained from the HQ ISAF Custodial Adviser within
MP Branch.
14.
Written SOPs. Holding facilities and ISAF personnel responsible for
supervision of detained persons are to produce and maintain SOPs for the
facility. These may be adapted from data within this Annex.
15.
Religious Practice. Where practicable, detention authorities are to
provide a copy of the appropriate book of worship (ie Koran). All reasonable
steps are to be taken to ensure that the detention authority is able to satisfy
religious requirements of detainees. For example; identify to those detained
persons of the Islamic faith the direction of Mecca. The following
requirements and practices for Muslims who may be detained should be taken
into consideration:
a.
Ramadan. The timing of Ramadan, the month for fasting, is in
the ninth month of the Muslim year and varies from year to year. No
meals or drink may be taken in daylight hours during this month.
Provision must be made for meals to be taken before dawn and after
sunset. Small children, the elderly or infirm, pregnant and nursing
women are excused this requirement.
b.
Daily Prayer. Practicing Muslims have five daily times of prayer
throughout the day from dawn to dusk, although the precise times are
not vital. These do not have to be said in a separate prayer room or
area. However, on Fridays, the midday prayer is compulsory and
provision must be made for this. Any area used for prayer must have a
bowl available for ritual washing and if possible a mat for an individual
to pray on. Apart from these, any room used does not require any
additional adornments.
c.
Religious Festivals. Although it might not be appropriate for
detainees to celebrate religious festivals in the way other Muslim may
do so, it is important to take note of the two most significant events.
The first is the Eid-ul-Fatr, which is a feast celebrated close to
Ramadan. The second is the Eid-ul-Adha, which is a celebration
lasting for four days and comes at the end of the annual pilgrimage to
Mecca.
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d.
Eating and Drinking. No Muslim normally drinks alcohol or eats
the flesh of a pig or pork products. A practising Muslim will only eat
meat that has been slaughtered by the Halal method and it is possible
that in extreme cases a detainee may go without meat completely.
Units should however take necessary steps to ensure that adequate
supplies of Halal rations are available.
16.
Health Considerations. The following factors are to be considered
when dealing with detention facilities and detainees and should be read in
conjunction with Appendix 1 to this Annex (Medical Support to Detainees).
a.
Detainees should be provided with suitable medical care.
b.
Detainees should be provided, by the administration at the usual
hours, with food of nutritional value adequate for health and strength, of
wholesome quality and well prepared and served. The food being
served should be suitable having regard to any religious dietary
requirements. Drinking water shall be available to every prisoner
whenever he needs it. The basic daily food rations shall be sufficient in
quantity, quality and variety to keep detainees in good health and to
prevent loss of weight or the development of nutritional deficiencies.
c.
The detention facility should be maintained to a high standard of
cleanliness in order to prevent disease. All accommodation provided
for the use of detainees and in particular all sleeping accommodation
should meet all requirements of health, due regard being paid to
climatic conditions and particularly to cubic content of air, minimum
floor space, lighting, heating and ventilation:
(1) The windows should be large enough to enable the
prisoners to read by natural light, and be so constructed that
they can allow the entrance of fresh air whether or not there is
artificial ventilation. Detainees should not be deprived of natural
light within their place of detention.
(2) Artificial light should be provided and be sufficient for the
prisoners to read or work without injury to eyesight.
(3) The sanitary installations should be adequate to enable
every prisoner to comply with the needs of nature when
necessary and in a clean and decent manner and in accordance
with cultural demands.
(4) Adequate bathing and shower installations should be
provided so that every prisoner may have a bath or shower, at a
temperature suitable to the climate, as frequently as necessary
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for general hygiene according to season and geographical
region, but at least once a week in a temperate climate.
Detainees should be required to keep their persons clean, and
to this end they should be provided with water and with such
toilet articles as are necessary. In order that detainees may
maintain a good appearance compatible with their self-respect,
facilities should be provided for the proper care of the hair and
beard, and men should be enabled to shave regularly.
(5) All parts of an institution regularly used by prisoners should
be properly maintained and kept scrupulously clean at all times.
(6) Premises should be protected from dampness and
adequately heated.
(7) All clothing should be clean and kept in proper condition.
Underclothing should be changed and washed as often as
necessary for the maintenance of hygiene. If detainees are
allowed to wear their own clothing, arrangements should be
made on their admission to the institution to ensure that it shall
be clean and fit for use. Every detainee should, in accordance
with local or national standards, be provided with a separate
bed, and with separate and sufficient bedding which should be
clean when issued, kept in good order and changed often
enough to ensure its cleanliness.
(8) Every detainee should have at least one hour of suitable
exercise in the open air daily if the weather permits.
(9) Where nursing infants are allowed to remain in the
institution with their mothers, provision should be made for a
nursery staffed by qualified persons, where the infants should be
placed when they are not in the care of their mothers.
REVIEW PROCEDURE
17.
The obligation upon a Detention Authority to review the conditions for
detention is continuous. Once the circumstances supporting any of the
justifying grounds outlined within the Authority to Detain are no longer present,
then ISAF must release that individual. The fact that a person may have
information of intelligence value is not by itself a basis for ISAF detention.
DEATH IN DETENTION
18.
In the event of a death in detention, the circumstances are to be fully
investigated by the detaining nation. HQ ISAF will provide investigative
support if required or where necessary. All action is to be carried in a swift
and transparent manner with due consideration for the relatives religious and
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cultural requirements. The following are to be notified by the detaining
authority:
a. HQ ISAF immediately
b. The family of the deceased, as soon as practicable.
c. ICRC, as soon as practicable.
.
Appendix
1.
Medical Support to Detainees
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Appendix 1 to
Annex C to
ISAF SOP 362
Dated 31 Aug 2006
MEDICAL SUPPORT TO DETAINEES
INTRODUCTION
1.
This Appendix provides direction on the standards of medical support
that should, where operationally practicable, be provided to persons detained
by NATO forces whilst on operations. It outlines the legal provisions and
ethical principles that underpin this provision of medical care. It is impossible
to cover every eventuality, however, these principles and those of good
medical practice and clinical governance endure. Wherever possible, detailed
guidance is provided. The SOP is based on UK and US current policy and UN
principles. All medical personnel who are deployed on NATO operations
should be aware of the contents of this instruction and, wherever operationally
practicable, should endeavour to apply its principles. It is recognised that this
instruction is designed for use in facilities, which are established for and
routinely hold large numbers of detainees. Nevertheless, many of its principles
can be applied to short term, temporary facilities such as those contemplated
under the „96 hour rule‟.
GENERAL
2.
The provisions and principles that can be applied to the medical
support of detainees are based upon medical ethics, United Nations
declarations and international law, including the Geneva Conventions. The
humanitarian principles that these instruments embody are to be applied on all
military operations by NATO forces. Medical support must be provided with
impartiality. There shall be no discrimination on grounds of race, colour, sex,
language, religion, political or other opinion, national or social origin, property,
birth or other status. The medical care provided must be ethical and comply
with best practice. Additionally, medical personnel have a responsibility for
monitoring the standards of health and hygiene within a detention facility.
3.
Consideration should be given to detained personnel who may be
medically qualified. These can contribute to the management of detainees,
particularly where there would otherwise be language or cultural difficulties.
They are also useful where the detained medical personnel have a particular
expertise of endemic disease not normally seen by TCNs, and in the
management of psychological disorders in detainees.
ETHICS
4.
The normal rules and standards of consent, record keeping, use of
chaperones and medical confidentiality apply. Informed consent for
examinations and treatment maybe verbal or written and must be recorded in
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the medical records. Informed consent for medical photography must be
obtained in writing (this does not apply to photographs taken with a view to
protecting the Force against false allegations of abuse. The United Nations
has issued a set of ethical principles that relate to the involvement of
healthcare personnel when treating detainees. These standards of
professional conduct apply at all times. These principles are highlighted below
to provide guidance and direction:
a. Health personnel, particularly registered medical practitioners,
charged with the medical care of prisoners and detainees have a duty
to protect their physical and mental health and provide treatment of
the same quality and standard as is afforded to others within their
care. Therefore, standards of medical care, confidentiality and
documentation should be the same as those used for members of the
NATO forces. Whilst medical documents must be held separately
from other personal records, personal records can document that a
medical examination has taken place and any instructions issued by
the medical officer that are necessary to facilitate patient care.
b. It is a gross contravention of medical ethics, as well as an
offence under applicable international instrument for health
personnel, particularly registered medical practitioners, to engage,
actively or passively, in acts which constitute participation in,
complicity in, incitement to or attempts to commit torture or other
cruel, inhuman or degrading treatment or punishment. Therefore, if
health personnel become aware of such treatment they have a
responsibility to report this to the Commander of the detention facility
and also up the medical chain of command.
c. Health personnel are only to be involved in professional
relationships with detainees for the purposes of evaluating, protecting
or improving their physical and mental health.
d.
Health personnel are not to:
(i)
Apply their knowledge and skills in order to assist in the
interrogation of detainees in a manner that may adversely affect
their physical or mental health; this includes certifying or stating
that a detainee meets a specific mental or physical standard for
interrogation.
(ii)
Certify, or to participate in the certification of, the fitness
of detainees for any form of treatment or punishment that may
adversely affect their physical or mental health, or to participate
in any way in the infliction of any such treatment or punishment.
(iii)
Question detainees about matters unless they are
relevant to their medical care.
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e. Health personnel must not participate in any procedure for
restraining a detainee unless such a procedure is determined to be
in accordance with purely medical criteria as being necessary for
the protection of the physical or mental health or the safety of the
detainee himself, of his fellow detainees, or of his guardians, and
presents no hazard to his physical or mental health.
QUESTIONING
5.
It is legal for the detaining nation to question detainees in order to
obtain tactical or strategic information. The wounded and sick may also be
questioned but not if it would adversely affect their health. Procedures will
vary depending upon whether the detainee is a patient within a medical facility
or not:
a.
In-Patients. Questioning will not normally take place within a
medical facility, or when a patient is receiving treatment for an acute
condition. However, a responsible officer from the detaining authority
may seek permission from the officer in charge of the medical facility to
question a detainee. The officer in charge, in consultation with the
clinician directly responsible for the detainee‟s treatment should make
an assessment as to whether questioning will adversely affect their
patient‟s „treatment, physical and mental health. The assessment and
any advice given, including time limitations, must be recorded in the
clinical record. If the responsible officer decides to proceed with
questioning, against medical advice, the medical officer must refer this
matter through the medical chain of command.
b.
Out-Patients. When a detainee is being treated on an out-patient
basis or within a primary care setting, medical staff should issue the
officer responsible for looking after the detainee with appropriate
written instructions to ensure continuity of care. This may include
instructions for the administration of medication or advice relating to a
limitation in activity. It is the responsibility of the detaining officer to then
ensure that this medical care is not compromised.
MINIMUM STANDARDS FOR PROVISION OF MEDICAL TREATMENT
6.
The following minimum standards of medical treatment must be
provided:
a. All sick or injured detainees should be treated according to
medical need and without regard to status or national origin.
b. Detainees are to be treated humanely and are entitled to the
same medical attention as that afforded to friendly forces. This does
not necessarily imply the provision of additional resources.
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c. The medical officer shall, at least daily, see all sick detainees, all
who complain of illness, and any detainee to whom their attention is
specially directed. Detainees should not be prevented from
presenting themselves to the medical officer for examination.
d. Detainees should be treated, evacuated and “returned to duty”
(ie: transferred back to normal detention facilities) using the same
clinical criteria that are applied to the detaining nation‟s own injured.
e. Detainees requiring specialist treatment should be transferred to
specialized institutions, military or civil hospitals. Where hospital
facilities are provided within an institution, their equipment,
furnishings and pharmaceutical supplies shall be proper for the
medical care and treatment of sick prisoners, and there shall be a
staff of suitable trained personnel.
f.
Nations may cooperate to provide centralised detainee
treatment facilities, although legally the nation who first took the
detainee into custody retains a responsibility for them wherever they
are held or treated. If there are any doubts over a nation‟s compliance
with humanitarian principles or international law, legal advice should
be obtained before detainees are transferred to the care of that
nation.
g. Detainees are to be provided free of charge their medical care
and the appliances necessary for their maintenance in good health,
for example:
(1)
Pharmaceutical preparations
(2)
Dressings,
(3)
Immunizations,
(4)
Spectacles,
(5)
Dentures and other prostheses.
h. Medical examinations and inspections should only be conducted
with the informed, written consent of the individual. Those who
withhold consent are only to be subjected to an external visual
inspection. Standard consent forms will need to be modified to suit
the cultural and linguistic needs of the detainee. Joint Force
Command (JFC) should issue instructions relating to what format
consent forms should take. The medical officer shall conduct medical
inspections and examinations in the following circumstances:
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(1) As soon as reasonably practicable after admission to the
detention facility, with a view to discovering any physical or
mental illness.
(2) When required, to determine the fitness of detainees for
work. These examinations shall have particular regard to the
nature of the work which detainees may be required to do. If any
detainee considers he is incapable of working, he shall be
permitted to appear before the medical officer. The medical
officer may recommend the exemption of a detainee from work.
(3) Medical inspections of detainees shall be held at least once a
month. They shall include checking and recording each
detainee‟s weight. The purpose is to monitor the general state of
health, nutrition and cleanliness of prisoners and to detect
contagious diseases. Screening for endemic diseases such as
tuberculosis may need to be undertaken employing the most
efficient methods available.
(4) Medical inspections of detainees shall be held prior to their
transfer of care from one institution or facility to another and
upon discharge or release and after use of force.
i.
The services of at least one qualified medical officer, with some
knowledge of psychiatry, must be available at every long-term
detention facility. Individuals who, due to mental illness, are found not
to be responsible for their own actions or are unable to state their
identity should not be detained in detention facilities. Arrangements
must be made, whenever possible, to remove them to a suitable
medical facility as soon as possible. The medical or psychiatric
service of the detention facility shall provide for the psychiatric
treatment of all other detainees who are in need of such treatment.
Detainees, who, owing to their physical or mental condition, are
unable to state their identity, shall be handed over to the medical
service. The identity of such detainees shall be established by all
reasonable means.
j.
Detainees should have the same access to emergency dental
treatment as that provided to members of the Force.
k. In women's institutions there should be special accommodation
for pre-natal and post-natal care and treatment. Arrangements should
be made wherever practicable for children to be born in a hospital
outside the detention facility. If a child is born in a detention facility,
this fact shall not be mentioned in the birth certificate14.
14
Subject to Afghan registration system (to be determined)
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l.
The detaining authorities shall, upon request, issue to every
detainee who has undergone treatment, a report indicating the nature
of his illness or injury, and the duration and kind of treatment
received. A duplicate of this report and the medical records shall be
held by the detaining medical authority.
m. If someone is injured, for any reason, whilst in the detention
facility the medical officer should, on request, provide the detainee
with a written statement incase he needs to claim compensation at
some future time. The report should be a factual account of the
medical findings and treatment. A copy of this statement should be
held in the medical records
n.
The burial or cremation of a detainee shall be preceded by a
medical examination of the body with a view to confirming death.
Clinical records should be made that will enable a subsequent written
report to be made and, where necessary, establishing identity. The
nature of the medical examination required will depend upon the
circumstances of the death and will, whenever possible, be sensitive
to local customs and religious practices15. Where the cause of death
or identity cannot be established advice must be obtained from the
Executive and the medical chain of command.
o.
If a detainee brings in any drugs or medicine, the medical officer
should decide what to do with them.
p. No detainee may be subjected to physical mutilation or to
medical or scientific experiments of any kind which are not justified by
the medical, dental or hospital treatment of the detainee concerned
and carried out in his interests.
q. Medical staff providing treatment to detainees should, when
required, have access to an interpreter.
HYGIENE STANDARDS
7.
Whilst it is an Executive responsibility to run detention facilities;
medical authorities must be involved in their planning and day to day
management. It should be remembered that detainees may pose a risk to
those guarding them from bad hygiene practices or endemic disease. The
medical authorities will need to develop, for the detainees, a preventive
medicine strategy, provide a primary health care service and ensuring that
the guarding force has adequate medical support.
8.
Whilst the Executive is responsible for the hygiene standards within a
detention facility, medical personnel must conduct regular inspections to
ensure that standards are maintained. The medical authorities must audit this
15
This may include a requirement for burial within specified timeframes.
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activity and may need to direct environmental health staff to assist medical
officers in this task. The results of these inspections must be reported to the
Commander of the detention facility. Inspections should include note of:
a.
The quantity, quality, preparation and service of food.
b. The hygiene and cleanliness of the institution and the prisoners.
c.
The sanitation, heating, lighting and ventilation of the institution.
d.
The suitability and cleanliness of the prisoners clothing and
bedding.
e.
The observance of the rules concerning physical education and
sports (in cases where there are no technical personnel in charge of
these activities).
9.
The Commander should take into consideration the reports and advice
that the medical officer submits and, when he concurs with the
recommendations made, shall take steps to implement them; if they are not
within his competence or if he does not concur with them, he should submit
his own report and the advice of the medical officer to higher authority. The
medical officer shall report to the Commander and to the medical authorities
whenever he considers that a prisoner's physical or mental health has been or
will be injuriously affected by continued imprisonment or by any condition of
imprisonment. Where standards fall below an acceptable level, this must be
reported to the Commander of the detention facility and through the medical
chain of command. In order to conduct the inspections detailed in Para 6,
medical personnel must have some knowledge of the standards that should
have been provided. However, the medical authorities are only responsible for
providing medical services and monitoring the health and hygiene standards.
RECORD OF DETAINEE EXAMINATION
10.
Physical Health. The in processing physical examination begins with a
review of all systems. Figure C-1 provides a sample in processing format,
which may be overprinted on the SF 600. This overprint provides a flexible
tool, which will facilitate a standardized in processing medical screen.
11.
Mental Health (MH) Screening. Detainees in processing should
undergo a MH screen. This screening is documented and included in the
detainee‟s individual medical record.
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Fig C – 1 Inprocessing overprint for Standard Form 600
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Fig C – 1
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Annex D to
ISAF SOP 362
Dated 31 Aug 2006
RELEASE / HANDOVER TO GOA / ANSF
DOCUMENTATION
1.
Detention authorities shall ensure that all significant aspects and
events of an individual's detention are documented. A detained person's
records shall be classified, maintained and safeguarded. Appendix 3 to Annex
A provides a template of the information to be recorded in relation to a
detained person.
2.
When an individual is released or transferred to Afghan authorities all
personal property belonging to the detained person will be returned to him or
handed over to the Afghan authorities. When the detained person personally
receives his property, he shall acknowledge in writing the property received.
Property seized by ISAF shall also be acknowledged in writing. On transfer,
the Afghan authorities must provide a receipt for the detainee and his / her
property. This should be recorded and must identify the receiving Afghan
official.
RESPONSIBLE ISAF DETENTION AUTHORITY
3.
The Islamic Republic of Afghanistan has overall responsibility for the
maintenance of law and order within Afghanistan and, when transferring a
detainee to the control of the Host Nation, ISAF cannot seek to constrain the
freedom of action of the Afghan authorities. However, bilateral agreements
may be concluded between TCNs and the Host Nation, according to national
requirements. Copies of such agreements must be lodged with HQ ISAF
LEGAD.
4.
Handover or release of a detainee may be made at various stages by
ISAF personnel. At each stage the assessment must be made to ascertain if
the need for detention remains and that the detention was in fact justified in
accordance with the ROE. In the event that it is considered that the detention
may be considered to be unjustified, HQ ISAF must be informed immediately.
Detainees may only be handed over to GOA Officials or released from ISAF
custody with the agreement of the Detention Authority. Full details of the
release are to be made identifying why an individual was released, where
release took place and certifying that all personal belongings have been
returned to the detainee. It is recommended that a further pre-release / pretransfer medical examination is conducted and a photograph taken in order to
mitigate against any subsequent claim against NATO.
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REPORTING / TRACKING
5.
The individual authorizing release / transfer of a detainee is to note all
aspects of the release or transfer on the appropriate form ensuring that, as a
minimum, the details shown on the form at Appendix 3 to Annex A are
recorded. At this time any personal items removed from a detainee are to be
returned or handed over to the appropriate GOA Official / ANSF against a
signature. This process should occur in the presence of the detainee.
6.
COMISAF shall report to JFC via normal reporting methods information
concerning any detention, noting the particulars of the detained person and
the basis for release or handover to GOA.
7.
If released, detainees should be returned to their home or the location
where they were first detained. Detainees must not be left in remote locations
to fend for themselves.
8.
The process prior to handover to ANP or other authorised GOA
Detention Agency is the same as for final release. However personal
belongings are to be transferred to the authorities, signed for and any items
retained for evidential purposes are to be handed to the ANP or lawful
authority.
9.
ICRC. The Detaining Nation is to inform the ICRC of any release or
transfer of a detainee.
HANDOVER OF EVIDENTIAL DOCUMENTATION TO ANSF
10.
It is likely that certain individuals detained by ISAF may face legal
proceedings under Afghan Law and ISAF troops may be required to provide
evidence for use by the Afghan authorities. This evidence should be handed
to the ANSF at the earliest opportunity. Such information may include
detailed accounts / statements of the events leading up to and including the
detention. Original documentation should be handed to the ANSF with copies
being retained for subsequent use. Advice on compiling such case files of
evidence may be sought from RC MP or FPM HQ ISAF. Case files must be
completed within 28 days of handover and a copy lodged with FPM HQ ISAF.
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Annex E to
ISAF SOP 362
Dated 31 Aug 2006
INVESTIGATIONS INTO DEATH IN DETENTION AND
ALLEGATIONS OF ABUSE AGAINST DETAINEES
GENERAL
1.
Nations will fully and thoroughly investigate and document any death in
detention or allegations of abuse, neglect, or mistreatment and promptly
inform COMISAF of such allegations and of any investigation findings.
Reports of any death in detention or allegation of mistreatment being made
against any ISAF person are to be passed to HQ ISAF immediately upon
receipt.
DOCUMENTATION
2.
Upon notification of a death in detention or receipt of any allegation of
mistreatment of a detained person or questioning of the legality or propriety of
the detention, including any allegations submitted by the ICRC, the individual
who receives the complaint will forward it by quickest available means to the
HQ ISAF JOC. Full details of the original allegation are to be made, if
possible to, or in the presence of a member of the Military Police. In
circumstances where details of an allegation have been passed to the JOC by
someone other than the Detaining Nation, the JOC is to immediately inform
the Detaining Nation and provide full particulars of the complaint.
RESPONSIBLE AUTHORITY
3.
The JOC will coordinate the action through the chain of command to
the HQ ISAF COS and HQ ISAF LEGAD. HQ ISAF COS will cause COMISAF
to be informed as soon as possible. As soon as practicable thereafter, ISAF
will report all relevant details to the Joint Force Commander (JFC). An
investigation will be coordinated by the Force Provost Marshal.
4.
Any complaint made by a detainee is to be referred to the Detaining
Nation and must be treated with the utmost priority.
REPORTING / TRACKING
5.
The progress of the investigation will be monitored by the FPM and
COMISAF will be briefed on a regular basis.
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Annex F to
ISAF SOP 362
Dated 31 Aug 2006
INDEPENDENT INSPECTION REGIME
DOCUMENTATION
1.
All ISAF detention facilities within the ISAF AOR, which includes those
locations temporarily used to hold or question detainees, must be declared to
COMISAF. Although these facilities remain the responsibility of the individual
TCN they will be subject to independent inspection by COMISAF. National
Contingent Component Commanders are to cooperate fully with this
inspection regime, which will be carried out by the ISAF Force Provost
Marshal (FPM) and his staff.
2.
A record of all detention facilities will be maintained within the ISAF AO
and will be maintained by the FPM and his staff.
RESPONSIBLE AUTHORITY
3.
The FPM is empowered to offer advice and make recommendations
regarding the detention facilities and regime.
REPORTING / TRACKING
4.
Details of all facilities will be passed to JFC-B. Additionally, the ICRC
will be notified by HQ ISAF of all facilities in use or intended for use by ISAF.
ICRC
5.  The ICRC will be permitted access to all ISAF detention facilities.
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